By: Joshua Gerstin, Esq.
The Quiet Session That Wasn’t.
Florida condominium and homeowners associations spend most of the year operating under rules that do not change. 2026 was not one of those years. Between a rewritten corporate statute, a new building-permit law, several appellate decisions, and a pair of federal developments that are not law at all, the rules governing Florida community associations moved in more places than the published summaries suggest.
Our firm’s 2026 Florida Community Association Legislative and Case Law Update is now available as a free handout for board members, officers, and licensed community association managers.
Download the 2026 Florida Community Association Legislative and Case Law Update here!
What Changed in 2026?
House Bill 797 rewrote Chapter 617, the Florida Nonprofit Corporation Act — the statute underneath every Florida condominium association’s and HOA’s articles of incorporation and bylaws. Effective July 1, 2026, Florida corporate law no longer requires a board of at least three directors, an owner’s records inspection rights may no longer be limited by the bylaws, and the procedure for approving a contract with a company connected to a director carries a new consequence if it is not followed. The change applies to your association whether or not anyone amended a governing document.
House Bill 803 limited architectural review. An association or its architectural review committee may no longer require an owner to obtain a building permit before the committee will review plans, and local governments must stop requiring permits for most single-family work under $7,500.
Florida’s appellate courts issued decisions that change enforcement practice. Two 2025 decisions pull in opposite directions on covenant enforcement litigation, and one is now pending before the Florida Supreme Court. A separate decision invalidated the records-request rule many associations have relied on for years.
Fannie Mae and Freddie Mac changed condominium project standards in March 2026. Limited Review was eliminated, and the share of the annual budget that must be allocated to reserves rises from 10% to 15% on January 4, 2027. Neither change required legislation, and a Florida association in full compliance with the structural integrity reserve study requirements can still find its units unfinanceable.
HUD withdrew its assistance animal guidance on May 22, 2026, changing how emotional support animal requests are evaluated at the federal enforcement level — though not changing the Fair Housing Act itself.
Why This Matters for Florida Community Associations
Most of what changed in 2026 does not arrive with a deadline. It surfaces when a question arises — a contested election, a records demand, a vendor dispute, a sale that will not close — and at that point the association’s documents and procedures are what they are.
The provisions most likely to affect a board this year are the ones least discussed in the published 2026 summaries, and several of them turn on language already sitting in your articles of incorporation and bylaws.
Practical Steps for Boards and Managers
- Have your attorney read your articles of incorporation and bylaws against the new Chapter 617, beginning with the provision fixing the number of directors.
- Review your records inspection policy and remove any cap on how frequently an owner may request records and any certified-mail-only requirement.
- Document interested-director contracts properly — written disclosure, the interested director out of the vote, competing bids retained in the file, and minutes that reflect it.
- Put your architectural standards in writing, because standards that are not published may no longer be enforceable.
- Confirm the percentage of your annual budget allocated to reserves, and the date of your last reserve study.
- Evaluate every assistance animal request individually, and avoid blanket policies in either direction.
Bottom Line
2026 was reported as a quiet legislative session for Florida community associations. It was not. The most consequential changes were made outside Chapters 718 and 720 — in the corporate statute, in the appellate courts, and by two federally chartered corporations that do not answer to the Florida Legislature at all.
Download the 2026 Florida Community Association Legislative and Case Law Update here!
Frequently Asked Questions
Does HB 797 apply to my association if we never amended our governing documents?
Yes. Chapter 617 contains a reserved-power provision, and amendments to the Act reach corporations already organized under it. Which provisions actually affect your association depends on what your articles of incorporation and bylaws already say.
How many directors does a Florida condominium or HOA board need in 2026?
Florida corporate law no longer sets a minimum. If your articles of incorporation or bylaws fix a number, that number governs. If they only reference “the number required by law,” your association no longer has a minimum.
Can a Florida association limit how often an owner requests association records?
No. As of July 1, 2026, the inspection right may not be limited by the articles of incorporation or the bylaws, and a 2025 Fourth District Court of Appeal decision held that a rule capping requests by frequency is unenforceable as well.
What are the new Fannie Mae condominium reserve requirements?
Limited Review was eliminated effective August 3, 2026. The minimum share of the annual budget allocated to reserves rises from 10% to 15% on January 4, 2027. A lender may rely only on a reserve study completed within the last three years.
Can our association now deny emotional support animal requests?
No. HUD changed its enforcement posture, not the Fair Housing Act. Owners may still sue directly, and Florida has its own assistance animal statute. Evaluate each request individually and document the process.
Our firm represents Florida condominium and homeowners associations in governing document amendments, covenant enforcement, records requests, board training, and the full range of community association matters. To schedule a consultation for your community or your management portfolio, contact us at (561) 750-3456 or joshua@gerstin.com.